6 Statements of Case

Question 1

PD5A para 2.1-2.3: form of documents

Answer 1

2.1 Statements of case and other documents drafted by a legal representative should bear his/her signature and if they are drafted by a legal representative as a member or employee of a firm they should be signed in the name of the firm.

2. 2 Every document prepared by a party for filing or use at the Court must –
   (1) Unless the nature of the document renders it impracticable, be on A4 paper of durable quality having a margin, not less than 3.5 centimetres wide,
   (2) be fully legible and should normally be typed,
   (3) where possible be bound securely in a manner which would not hamper filing or otherwise each page should be endorsed with the case number,
   (4) have the pages numbered consecutively,
   (5) be divided into numbered paragraphs,
   (6) have all numbers, including dates, expressed as figures, and
   (7) give in the margin the reference of every document mentioned that has already been filed.

2.3 A document which is a copy produced by a colour photostat machine or other similar device may be filed at the court office provided that the coloured date seal of the Court is not reproduced on the copy.

Question 2

PD16 para 1.4: length of statement of case

Answer 2

If exceptionally a statement of case exceeds 25 pages (excluding schedules) an appropriate short summary must also be filed and served.

Question 3

r16.2: Contents of claim form

Answer 3

(1) The claim form must –
(a) contain a concise statement of the nature of the claim;
(b) specify the remedy which the claimant seeks;
(c) where the claimant is making a claim for money, contain a statement of value in accordance with rule 16.3;
(cc) where the claimant’s only claim is for a specified sum, contain a statement of the interest accrued on that sum; and
(d) contain such other matters as may be set out in a practice direction.

(1A) In civil proceedings against the Crown, as defined in rule 66.1(2), the claim form must also contain –

(a) the names of the government departments and officers of the Crown concerned; and
(b) brief details of the circumstances in which it is alleged that the liability of the Crown arose.

(2) If the particulars of claim specified in rule 16.4 are not contained in, or are not served with the claim form, the claimant must state on the claim form that the particulars of claim will follow.
(3) If the claimant is claiming in a representative capacity, the claim form must state what that capacity is.
(4) If the defendant is sued in a representative capacity, the claim form must state what that capacity is.

(5) The court may grant any remedy to which the claimant is entitled even if that remedy is not specified in the claim form.
(Part 22 requires a claim form to be verified by a statement of truth)

Question 4

PD16 para 13.3: what can additionally be included in statement of case

Answer 4

A party may:

(1) refer in his statement of case to any point of law on which his claim or defence, as the case may be, is based,
(2) give in his statement of case the name of any witness he proposes to call, and
(3) attach to or serve with this statement of case a copy of any document which he considers is necessary to his claim or defence, as the case may be (including any expert’s report to be filed in accordance with Part 35).

Question 5

PD Pre-action conduct para 9.7: notifying the court re pre-action protocols

Answer 5

Where proceedings are started the claimant should state in the claim form or the particulars of claim whether they have complied with Sections III and IV of this Practice Direction or any relevant protocol.

Question 6

PD16 para 8.1/8.2: Matters which must be specifically set out in the particulars of claim

Answer 6

8.1 A claimant who wishes to rely on evidence:
(1) under section 11 of the Civil Evidence Act 1968 of a conviction of an offence, or
(2) under section 12 of the above-mentioned Act of a finding or adjudication of adultery or paternity,
must include in his particulars of claim a statement to that effect and give the following details:
(1) the type of conviction, finding or adjudication and its date,
(2) the court or Court-Martial which made the conviction, finding or adjudication, and
(3) the issue in the claim to which it relates.

8. 2 The claimant must specifically set out the following matters in his particulars of claim where he wishes to rely on them in support of his claim:
   (1) any allegation of fraud,
   (2) the fact of any illegality,
   (3) details of any misrepresentation,
   (4) details of all breaches of trust,
   (5) notice or knowledge of a fact,
   (6) details of unsoundness of mind or undue influence,
   (7) details of wilful default, and
   (8) any facts relating to mitigation of loss or damage.

Question 7

PD16 para 4.1-3: Matters which must be included in the particulars of claim in certain types of claim: Personal Injury

Answer 7

4. 1 The particulars of claim must contain:
   (1) the claimant’s date of birth, and
   (2) brief details of the claimant’s personal injuries.
5. 2 The claimant must attach to his particulars of claim a schedule of details of any past and future expenses and losses which he claims.
6. 3 Where the claimant is relying on the evidence of a medical practitioner the claimant must attach to or serve with his particulars of claim a report from a medical practitioner about the personal injuries which he alleges in his claim.

Question 8

PD16 para 7.1-6: Other matters to be included in particulars of claim

Answer 8

7. 1 Where a claim is made for an injunction or declaration in respect of or relating to any land or the possession, occupation, use or enjoyment of any land the particulars of claim must:
   (1) state whether or not the injunction or declaration relates to residential premises, and
   (2) identify the land (by reference to a plan where necessary).

7.2 Where a claim is brought to enforce a right to recover possession of goods the particulars of claim must contain a statement showing the value of the goods.

7. 3 Where a claim is based upon a written agreement:
   (1) a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing, and
   (2) any general conditions of sale incorporated in the contract should also be attached (but where the contract is or the documents constituting the agreement are bulky this practice direction is complied with by attaching or serving only the relevant parts of the contract or documents).
8. 4 Where a claim is based upon an oral agreement, the particulars of claim should set out the contractual words used and state by whom, to whom, when and where they were spoken.
9. 5 Where a claim is based upon an agreement by conduct, the particulars of claim must specify the conduct relied on and state by whom, when and where the acts constituting the conduct were done.
10. 6 In a claim issued in the High Court relating to a Consumer Credit Agreement, the particulars of claim must contain a statement that the action is not one to which section 141 of the Consumer Credit Act 1974 applies.

Question 9

r6.23: Address for service after proceedings are started

Answer 9

(1) A party to proceedings must give an address at which that party may be served with documents relating to those proceedings. The address must include a full postcode or its equivalent in any EEA state (if applicable) unless the court orders otherwise.
(2) Except where any other rule or practice direction makes different provision, a party’s address for service must be –
(a) the business address either within the United Kingdom or any other EEA state of a solicitor acting for the party to be served; or
(b) the business address in any EEA state of a European Lawyer nominated to accept service of documents; or
(c) where there is no solicitor acting for the party or no European Lawyer nominated to accept service of documents –
(i) an address within the United Kingdom at which the party resides or carries on business; or
(ii) an address within any other EEA state at which the party resides or carries on business.
(3) Where none of sub-paragraphs (2)(a), (b) or (c) applies, the party must give an address for service within the United Kingdom.
(4) Subject to the provisions of Section IV of this Part (where applicable), any document to be served in proceedings must be sent or transmitted to, or left at, the party’s address for service under paragraph (2) or (3) unless it is to be served personally or the court orders otherwise.
(5) Where, in accordance with Practice Direction 6A, a party indicates or is deemed to have indicated that they will accept service by fax, the fax number given by that party must be at the address for service.
(6) Where a party indicates in accordance with Practice Direction 6A that they will accept service by electronic means other than fax, the e-mail address or electronic identification given by that party will be deemed to be at the address for service.
(7) In proceedings by or against the Crown, service of any document in the proceedings on the Crown must be effected in the same manner prescribed in rule 6.10 as if the document were a claim form.
(8) This rule does not apply where an order made by the court under rule 6.27 (service by an alternative method or at an alternative place) specifies where a document may be served.

Question 10

r22.1: statement of truth in relation to a statement of case

Answer 10

(1) The following documents must be verified by a statement of truth –
(a) a statement of case;
…
(2) Where a statement of case is amended, the amendments must be verified by a statement of truth unless the court orders otherwise.
(Part 17 provides for amendments to statements of case)
…
(4) Subject to paragraph (5), a statement of truth is a statement that –
(a) the party putting forward the document;
(b) in the case of a witness statement, the maker of the witness statement; or
(c) in the case of a certificate of service, the person who signs the certificate,
believes the facts stated in the document are true.
(5) If a party is conducting proceedings with a litigation friend, the statement of truth in –
(a) a statement of case;
(b) a response; or
(c) an application notice,
is a statement that the litigation friend believes the facts stated in the document being verified are true.
(6) The statement of truth must be signed by –
(a) in the case of a statement of case, a response or an application –
(i) the party or litigation friend; or
(ii) the legal representative on behalf of the party or litigation friend;
…
(7) A statement of truth which is not contained in the document which it verifies, must clearly identify that document.
(8) A statement of truth in a statement of case may be made by –
(a) a person who is not a party; or
(b) by two parties jointly,
where this is permitted by a relevant practice direction.

Question 11

PD22 para 4.1-3: if statement of case not verified by statement of truth

Answer 11

4. 1 If a statement of case is not verified by a statement of truth, the statement of case will remain effective unless it is struck out5, but a party may not rely on the contents of a statement of case as evidence until it has been verified by a statement of truth.
5. 2 Any party may apply to the court for an order that unless within such period as the court may specify the statement of case is verified by the service of a statement of truth, the statement of case will be struck out.
6. 3 The usual order for the costs of an application referred to in paragraph 4.2 will be that the costs be paid by the party who had failed to verify in any event and forthwith.

Question 12

r 32.14: false statements

Answer 12

(1) Proceedings for contempt of court may be brought against a person if he makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

(Part 22 makes provision for a statement of truth)
(Section 6 of Part 81 contains provisions in relation to committal for making a false statement of truth.)

Question 13

r81.17: committal applications in relation to false statemtents

Answer 13

(1) This Section contains rules about committal applications in relation to making, or causing to be made –
(a) a false statement in a document verified by a statement of truth; or
(b) a false disclosure statement,
without an honest belief in its truth.

(2) Where the committal application relates only to a false statement of truth or disclosure statement, this Section applies.

(3) Where the committal application relates to both
(a) a false statement of truth or disclosure statement; and
(b) breach of a judgment, order or undertaking to do or abstain from doing an act,
Section 2 (Committal for breach of a judgment, order or undertaking to do or abstain from doing an act) applies, but subject to paragraph (4).

(4) To the extent that a committal application referred to in paragraph (3) relates to a false statement of truth or disclosure statement –
(a) the applicant must obtain the permission of the court in accordance with rule 81.18; or
(b) the court may direct that the matter be referred to the Attorney General with a request that the Attorney General consider whether to bring proceedings for contempt of court.

(5) Where the committal application relates to both
(a) a false statement of truth or disclosure statement; and
(b) other interference with the due administration of justice,
Section 3 (Committal for interference with the due administration of justice) applies, but subject to paragraph (6).

(6) To the extent that a committal application referred to in paragraph (5) relates to a false statement of truth or disclosure statement, the court may direct that the matter be referred to the Attorney General with a request that the Attorney General consider whether to bring proceedings for contempt of court.

Question 14

r81.18: committal application in relation to false statement

Answer 14

(1) A committal application in relation to a false statement of truth or disclosure statement in connection with proceedings in the High Court, a Divisional Court or the Court of Appeal, may be made only –
(a) with the permission of the court dealing with the proceedings in which the false statement or disclosure statement was made; or
(b) by the Attorney General.

(2) Where permission is required under paragraph (1)(a), rule 81.14 applies as if the reference in that rule to a Part 8 claim form were a reference to a Part 23 application notice and the references to the claim form were references to the Part 23 application notice.

(3) A committal application in relation to a false statement of truth or disclosure statement in connection with proceedings in a county court may be made only –
(a) with the permission of a single judge of the Queen’s Bench Division; or
(b) by the Attorney General.

(4) Where permission is required under paragraph (3)(a) rule 81.14 applies without the modifications referred to in paragraph (2).
(Under rule 81.14(6)(b), the court granting permission may direct that the application be listed for hearing before a single judge or a Divisional Court.)

(5) The court may direct that the matter be referred to the Attorney General with a request that the Attorney General consider whether to bring proceedings for contempt of court.
(6) Where the committal application is made by the Attorney General, the application may be made to a single judge or a Divisional Court of the Queen’s Bench Division.

Question 15

PD16: details for specific types of categories of claim

Answer 15

4. 1: personal injury
5. 1: Fatal accidents
6. 1: hire purchase

Question 16

PD55A, paras 2.1: PoC in a Possession Claim

Answer 16

In a possession claim the particulars of claim must:

(1) identify the land to which the claim relates;
(2) state whether the claim relates to residential property;
(3) state the ground on which possession is claimed;
(4) give full details about any mortgage or tenancy agreement; and
(5) give details of every person who, to the best of the claimant’s knowledge, is in possession of the property.

Question 17

PD16 para 15.1-2: Human Rights and statement of case

Answer 17

A party who seeks to rely on any provision of or right arising under the Human Rights Act 1998 or seeks a remedy available under that Act –
(1) must state that fact in his statement of case; and
(2) must in his statement of case –
(a) give precise details of the Convention right which it is alleged has been infringed and details of the alleged infringement;
(b) specify the relief sought;
(c) state if the relief sought includes–
(i) a declaration of incompatibility in accordance with section 4 of that Act, or
(ii) damages in respect of a judicial act to which section 9(3) of that Act applies;
(d) where the relief sought includes a declaration of incompatibility in accordance with section 4 of that Act, give precise details of the legislative provision alleged to be incompatible and details of the alleged incompatibility;
(e) where the claim is founded on a finding of unlawfulness by another court or tribunal, give details of the finding; and
(f) where the claim is founded on a judicial act which is alleged to have infringed a Convention right of the party as provided by section 9 of the Human Rights Act 1998, the judicial act complained of and the court or tribunal which is alleged to have made it.
(Practice Direction 19A provides for notice to be given and parties joined in the circumstances referred to in (c), (d) and (f))

15.2 A party who seeks to amend his statement of case to include the matters referred to in paragraph 15.1 must, unless the court orders otherwise, do so as soon as possible.
(Part 17 provides for the amendment of a statement of case)

Question 18

r7.4: Particulars of Claim service

Answer 18

(1) Particulars of claim must –
(a) be contained in or served with the claim form; or
(b) subject to paragraph (2) be served on the defendant by the claimant within 14 days after service of the claim form.

(2) Particulars of claim must be served on the defendant no later than the latest time for serving a claim form.
(Rule 7.5 sets out the latest time for serving a claim form)

(3) Where the claimant serves particulars of claim separately from the claim form in accordance with paragraph (1)(b), the claimant must, within 7 days of service on the defendant, file a copy of the particulars except where –
(a) paragraph 5.2(4) of Practice Direction 7C applies; or
(b) paragraph 6.4 of Practice Direction 7E applies.
(Part 16 sets out what the particulars of claim must include)
(Part 22 requires particulars of claim to be verified by a statement of truth)

Question 19

r3.1(2): powers of management

Answer 19

(2) Except where these Rules provide otherwise, the court may –
(a) extend or shorten the time for compliance with any rule, practice direction or court order (even if an application for extension is made after the time for compliance has expired);
(b) adjourn or bring forward a hearing;
(c) require a party or a party’s legal representative to attend the court;
(d) hold a hearing and receive evidence by telephone or by using any other method of direct oral communication;
(e) direct that part of any proceedings (such as a counterclaim) be dealt with as separate proceedings;
(f) stay(GL) the whole or part of any proceedings or judgment either generally or until a specified date or event;
(g) consolidate proceedings;
(h) try two or more claims on the same occasion;
(i) direct a separate trial of any issue;
(j) decide the order in which issues are to be tried;
(k) exclude an issue from consideration;
(l) dismiss or give judgment on a claim after a decision on a preliminary issue;
(ll) order any party to file and exchange a costs budget;
(m) take any other step or make any other order for the purpose of managing the case and furthering the overriding objective.

Question 20

r7.6: extension for serving claim form

Answer 20

(1) The claimant may apply for an order extending the period for compliance with rule 7.5.

(2) The general rule is that an application to extend the time for compliance with rule 7.5 must be made
(a) within the period specified by rule 7.5; or
(b) where an order has been made under this rule, within the period for service specified by that order.

(3) If the claimant applies for an order to extend the time for compliance after the end of the period specified by rule 7.5 or by an order made under this rule, the court may make such an order only if
(a) the court has failed to serve the claim form; or
(b) the claimant has taken all reasonable steps to comply with rule 7.5 but has been unable to do so; and
(c) in either case, the claimant has acted promptly in making the application.

(4) An application for an order extending the time for compliance with rule 7.5 –
(a) must be supported by evidence; and
(b) may be made without notice.

Question 21

r3.4: Power to strike out statement of case

Answer 21

(1) In this rule and rule 3.5, reference to a statement of case includes reference to part of a statement of case.

(2) The court may strike out(GL) a statement of case if it appears to the court –
(a) that the statement of case discloses no reasonable grounds for bringing or defending the claim;
(b) that the statement of case is an abuse of the court’s process or is otherwise likely to obstruct the just disposal of the proceedings; or
(c) that there has been a failure to comply with a rule, practice direction or court order.

(3) When the court strikes out a statement of case it may make any consequential order it considers appropriate.

(4) Where –
(a) the court has struck out a claimant’s statement of case;
(b) the claimant has been ordered to pay costs to the defendant; and
(c) before the claimant pays those costs, he starts another claim against the same defendant, arising out of facts which are the same or substantially the same as those relating to the claim in which the statement of case was struck out,
the court may, on the application of the defendant, stay(GL) that other claim until the costs of the first claim have been paid.

(5) Paragraph (2) does not limit any other power of the court to strike out(GL) a statement of case.

(6) If the court strikes out a claimant’s statement of case and it considers that the claim is totally without merit –
(a) the court’s order must record that fact; and
(b) the court must at the same time consider whether it is appropriate to make a civil restraint order.

Question 22

r15.2: filing a defence

Answer 22

A defendant who wishes to defend all or part of a claim must file a defence.
(Part 14 contains further provisions which apply where the defendant admits a claim)

Question 23

r15.6: service of copy of a defence

Answer 23

A copy of the defence must be served on every other party.

Part 16 sets out what a defence must contain

Question 24

r16.5: content of defence

Answer 24

(1) In his defence, the defendant must state –
(a) which of the allegations in the particulars of claim he denies;
(b) which allegations he is unable to admit or deny, but which he requires the claimant to prove; and
(c) which allegations he admits.

(2) Where the defendant denies an allegation –
(a) he must state his reasons for doing so; and
(b) if he intends to put forward a different version of events from that given by the claimant, he must state his own version.

(3) A defendant who –
(a) fails to deal with an allegation; but
(b) has set out in his defence the nature of his case in relation to the issue to which that allegation is relevant,
shall be taken to require that allegation to be proved.

(4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation.
(5) Subject to paragraphs (3) and (4), a defendant who fails to deal with an allegation shall be taken to admit that allegation.

(6) If the defendant disputes the claimant’s statement of value under rule 16.3 he must –
(a) state why he disputes it; and
(b) if he is able, give his own statement of the value of the claim.

(7) If the defendant is defending in a representative capacity, he must state what that capacity is.

(8) If the defendant has not filed an acknowledgment of service under Part 10, the defendant must give an address for service.
(Part 22 requires a defence to be verified by a statement of truth)
(Rule 6.23 makes provision in relation to addresses for service.)

Question 25

r15.5: Agreement extending the period for filing a defence

Answer 25

(1) The defendant and the claimant may agree that the period for filing a defence specified in rule 15.4 shall be extended by up to 28 days.
(2) Where the defendant and the claimant agree to extend the period for filing a defence, the defendant must notify the court in writing.

Question 26

r1.4: active case management

Answer 26

(1) The court must further the overriding objective by actively managing cases.

(2) Active case management includes –
(a) encouraging the parties to co-operate with each other in the conduct of the proceedings;
(b) identifying the issues at an early stage;
(c) deciding promptly which issues need full investigation and trial and accordingly disposing summarily of the others;
(d) deciding the order in which issues are to be resolved;
(e) encouraging the parties to use an alternative dispute resolution(GL)procedure if the court considers that appropriate and facilitating the use of such procedure;
(f) helping the parties to settle the whole or part of the case;
(g) fixing timetables or otherwise controlling the progress of the case;
(h) considering whether the likely benefits of taking a particular step justify the cost of taking it;
(i) dealing with as many aspects of the case as it can on the same occasion;
(j) dealing with the case without the parties needing to attend at court;
(k) making use of technology; and
(l) giving directions to ensure that the trial of a case proceeds quickly and efficiently.

Question 27

r20.4: D’s Counterclaim against C

Answer 27

(1) A defendant may make a counterclaim against a claimant by filing particulars of the counterclaim.

(2) A defendant may make a counterclaim against a claimant –
(a) without the court’s permission if he files it with his defence; or
(b) at any other time with the court’s permission.
(Part 15 makes provision for a defence to a claim and applies to a defence to a counterclaim by virtue of rule 20.3).

(3) Part 10 (acknowledgment of service) does not apply to a claimant who wishes to defend a counterclaim.

Question 28

r20.8: service of claim form

Answer 28

(1) Where an additional claim may be made without the court’s permission, any claim form must –
(a) in the case of a counterclaim against an additional party only, be served on every other party when a copy of the defence is served;
(b) in the case of any other additional claim, be served on the person against whom it is made within 14 days after the date on which the additional claim is issued by the court.

(2) Paragraph (1) does not apply to a claim for contribution or indemnity made in accordance with rule 20.6.
(3) Where the court gives permission to make an additional claim it will at the same time give directions as to its service.

Question 29

r16.8: court power to dispense with statements of case

Answer 29

If a claim form has been –
(a) issued in accordance with rule 7.2; and
(b) served in accordance with rule 7.5,
the court may make an order that the claim will continue without any other statement of case.

Question 30

PD16 para 3: PoC Details

Answer 30

3.1 If practicable, the particulars of claim should be set out in the claim form.

3. 2 Where the claimant does not include the particulars of claim in the claim form, particulars of claim may be served separately:
   (1) either at the same time as the claim form, or
   (2) within 14 days after service of the claim form1 provided that the service of the particulars of claim is not later than 4 months from the date of issue of the claim form2 (or 6 months where the claim form is to be served out of the jurisdiction).

3.3 If the particulars of claim are not included in or have not been served with the claim form, the claim form must also contain a statement that particulars of claim will follow.

3.4 Particulars of claim which are not included in the claim form must be verified by a statement of truth, the form of which is as follows:
‘[I believe][the claimant believes] that the facts stated in these particulars of claim are true.’

3.5 Attention is drawn to rule 32.14 which sets out the consequences of verifying a statement of case containing a false statement without an honest belief in its truth.

3. 6 The full particulars of claim must include:
   (1) the matters set out in rule 16.4, and
   (2) where appropriate, the matters set out in practice directions relating to specific types of claims.

3.7 Attention is drawn to the provisions of rule 16.4(2) in respect of a claim for interest.

3. 8 Particulars of claim served separately from the claim form must also contain:
   (1) the name of the court in which the claim is proceeding,
   (2) the claim number,
   (3) the title of the proceedings, and
   (4) the claimant’s address for service.

Question 31

r16.4: contents of PoC

Answer 31

(1) Particulars of claim must include –
(a) a concise statement of the facts on which the claimant relies;
(b) if the claimant is seeking interest, a statement to that effect and the details set out in paragraph (2);
(c) if the claimant is seeking aggravated damages(GL) or exemplary damages(GL), a statement to that effect and his grounds for claiming them;
(d) if the claimant is seeking provisional damages, a statement to that effect and his grounds for claiming them; and
(e) such other matters as may be set out in a practice direction.

(2) If the claimant is seeking interest he must –
(a) state whether he is doing so –
(i) under the terms of a contract;
(ii) under an enactment and if so which; or
(iii) on some other basis and if so what that basis is; and
(b) if the claim is for a specified amount of money, state –
(i) the percentage rate at which interest is claimed;
(ii) the date from which it is claimed;
(iii) the date to which it is calculated, which must not be later than the date on which the claim form is issued;
(iv) the total amount of interest claimed to the date of calculation; and
(v) the daily rate at which interest accrues after that date.
(Part 22 requires particulars of claim to be verified by a statement of truth)